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Full-Text Articles in Legal History

Some Observations On The Law Of Evidence, Donald Slesinger, Robert M. Hutchins Jan 1928

Some Observations On The Law Of Evidence, Donald Slesinger, Robert M. Hutchins

Faculty Scholarship Series

Spontaneous utterances, exclamations or declarations are, under
certain conditions, admissible in evidence though the party who made
them does not take the stand. According to most courts the occasion
must be startling enough to cause shock, which in turn creates an emotional
state. The utterance must be made under stress of that emotion;
it must be "spontaneous and natural; impulsive and instinctive" ;
it should be immediate, or "so clearly connected (with the occasion)
that the declaration may be said to be the spontaneous explanation of
the real cause." Although in some jurisdictions there is insistence that
the declaration be "contemporaneous ...


Some Observations On The Law Of Evidence -- Memory, Donald Slesinger, Robert M. Hutchins Jan 1928

Some Observations On The Law Of Evidence -- Memory, Donald Slesinger, Robert M. Hutchins

Faculty Scholarship Series

T HE common legal assumptions in regard to memory come
most clearly to the surface in the rules governing present
recollection revived, past recollection recorded, and cross-examination
to impeach. Between the first two, sharp distinctions are
drawn which result partly from the fact that a memorandum used
to refresh recollection generally does not go to the jury as evidence
- whereas a memorandum of past recollection does - and
partly from the psychological theories of the courts.


Notes On Judicial Organization And Procedure, Walter F. Dodd Jan 1928

Notes On Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

The Judicial Council Movement. Woodrow Wilson wrote that no
government is better than its courts, to which ex-President Taft replied
that our judicial failure has been more outstanding than our failure in
municipal government. The task of making our courts as efficient as
possible is thus both an important and an urgent one.
Many factors have contributed to the present charges of inefficiency,
but none perhaps of greater weight than that of delay. This has been
particularly true of the larger cities, with their principal trial courts
as much as two years behind in their work. The jury system, both ...